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[Housr.  BiM.. 


HOCSK  OF  RKPFK.SENTATIVKS,   January    28,   1864.- -5^ad 
flrpr  an<l  second  times,  laid  on  th*^  *-nble  and  ordered  to  he  printec 

[By  Mr.  Gray,  from  the  Judiciary  Committee.] 


To  he  entitled  Xn  A'^t    supplemental  to  the  several   acts   reljing  to 

military  courts. 

I  Sf:cTri>N    1 .   Tf(^  Congress  of  thf.  Confederate  StfUes  of  Aikica  do 

1  moct.  That  "o  miich  of  the  -acx  authorizing  the  organizaon  ol 
?,  military  courts  as  provide?^  for  the  appointment  of  pro/ot  mar- 
i  whal  of  !*uch  court!'  is  hereby  repealed,  and  the  office/f  provost 
.'»  marshal  if  aholifhed. 
1  >Kc.  -.   The  clerks  of  military  courts    shall  herej'er  he  enti- 

1  tied  to  the  rank  and  pay  of  q  captain  o.f  cavalry  :  i'ovided,  That 
S  no  one  liable  to  military  service  in  the  field  shall  v  appointed  or 
4    hold  the  office  of  clerk. 

Sko.  ;i.  Additional  military  courts  may   hf  (.ro;anized  by  the 
?     Preflident  when  the  Service  may  require  it.  At  exceeding  one  for 

3  each  State  ;  and  also  one  for  each  separate  command  of  cavalry, 

4  consisting  of  one  or  more   divisions  of  an   army  ;  vrhich  courts 


t 

5     shall  have  the  same  powers  as'are  or  may  be  conferred  by  law  on 
C     military  courts  heretofore  organized. 

1  Sec.  4.  Any  member  of  a  military  court  who  shall  be  intoxi- 

2  cated  while  on  duty,  or  who   shall  be   so   intoxicated   as  to  pre- 

3  vent  his  attendance  to  his  duty,  shall  be  liable  to  arresr,  aiid  trial 

4  iS  other  army  officers,  and  on  conviction  shall  be  cashiered. 

1  Sec.  5.  Whenever  the  service  may  require  it  the  members  of 

2  lilitary  courts  may  be  interchanged  or  transferred  from  one  to 

3  aother  by  order  of  the  President,  or  in  the   Trans-MisBissippi 

4  doartment  by  the  general  commanding. 

1  ?EC.  6.  When  any  member  of  a  military  court  is  incompetent 

2  t(kit  in  a  case,  or  is  unable  to  attend  from  sickness  or  other 

3  case,  or  when  vacancies   occur,  field   officers   may   be  detailed 

4  an\  temporarily  assisgned  to  duty,  as  judges  on  such  courts, 

5  by  Wer  of  the  President,  or  of  the  General  commanding  the 

6  depar'inent. 

1         Sec.?.  All  military  courts  shall  have  power  to  compel  the 

3  attendai-^e  of  persons  not  in  the  military  service  as  v^itc esses, 

3  by  the  saae  process  and  under   the   same  penalties  as  provided 

4  by  law  forthe  district  courts  of  the  Confederate  States. 

1  Sec.  8.  In  i\l  cases  of  acquittal  by  the  court,    the  decision 

2  shall  at  once  be  publicly  announced,  and  the  accused  be  released 

5  from  arrest  or  imp^risonment. 

vv, 

1         Sec-  9.  The  poWArs  of  each  court  to  adopfe  rules  for  conducting 


s 

2  business  and  for  the  trial  of  cases  ;  and  to  enforce  the  rules 

3  adopted,  and  to  punish  for  contempt ;  and  to  regulate  the  taking 

4  of  evidence  shall  be  exercised  as  each  court  may  deem  most  cou- 

5  venicnt  to  facilitate    Husinetis:    and    the   powers   to   secure    the 

6  artendancf^  of  witnesses   in   military  service,  and   to  enforce  and 

7  execute  their  orders,  sentences  and  judgments  shall  be  according 

8  to  the  laws  governing  courts  martial.     But,  as  soon  as  practica- 

9  ble,  the  Secretary  of  War  shall  cause  forms  of  proceedings  to  be 

10  furnished  to  each  «^ourt  *o  as  to  sf^o.nro  uniformity,  to  which  said 

1 1  courts  shall  conform. 


i^p 


8  a/e 
c 


7.   ^ 


